Tivo sanction request against Echostar uncovered: $1Billion

[Tyralak]

You know, I don't know what the squeally fanboys are so excited over. The trend speaks for itself. Current Tivo subs stand to get screwed more than anyone out of all this because its not like Tivo is going to 'give' them anything once a monopoly is created.

What's worse is that all the supporters of tivos extortion qnd greed have not made dollar one for all of their giggly pom-pom waving, and still have a sub-standard DVR in their house, and are thus no better off financially for their efforts or blind support.

In fact, I have a superior DVR in my house, will have an even better one soon, and am five figures richer thanks to hype inflated tivo stock. Lucky me. And all that while I secretly hope that tivo headquarters burns to the ground! Lol...

[Greg Bimson]

Now can you tell me how a court may enforce an order by assessing damages, when such order cannot even be enforced at this time?

You missed where I said DISH/SATS makes a very compelling case why the sanctions hearing should be delayed. This is probably one of DISH/SATS best executed plans in this whole incident. It would certainly be difficult for Judge Folsom to assess sanction-based damages for contempt when the finding is being reviewed. It appears from DISH/SATS brief that TiVo divided out the damages into categories and that any reversal from the Court of Appeals would cause a problem with any awarded sanctions.

[jacmyoung]

... It would certainly be difficult for Judge Folsom to assess sanction-based damages for contempt when the finding is being reviewed. ...

It is not difficult for the judge to assess damages based on his own ruling, the only problem is his ruling is stayed, not in effect, cannot be enforced at this time, not just it is being reviewed.

If only his order were being reviewed but not stayed, E* would not have had any justification for the stay of the sanction proceedings.

In fact as it stands, it would have been better if TiVo had come out with a $2 or $5 billion bid, it would be easier for E* to tell the appeals court how ridiculous it is for the lower court to even entertain such idea when the appeals court had just ordered to stay the contempt ruling and the injunction.

Keep in mind the additional damages are based solely on the contempt ruling, which legally is not even standing at this time.

[philhu]

Do not forget that Echostar is PAYING for the use of the patented technology for upwards of 8 years now. That is definitely $1B worth of dish's profit using the technology.

And get over it, Tivo has a patent, Dish has been found infringing on it and then trying to get around it. Then stalling for years in court

They deserve all they get.

[vampz26]

Do not forget that Echostar is PAYING for the use of the patented technology for upwards of 8 years now. That is definitely $1B worth of dish's profit using the technology.

And get over it, Tivo has a patent, Dish has been found infringing on it and then trying to get around it. Then stalling for years in court

They deserve all they get.

And for all of your diehard support, what do you get out of it?

[Greg Bimson]

It is not difficult for the judge to assess damages based on his own ruling, the only problem is his ruling is stayed, not in effect, cannot be enforced at this time, not just it is being reviewed.

The reminder is that I am not a lawyer...

I thought only the Amended Final Judgment and Injunction Order was stayed? That document contains three items: damages during the stay, an order against infringements and an order to disable.

There is a separate order which grants TiVo's motion to find DISH/SATS in contempt. It is not stayed, but is being challenged by DISH/SATS.

[Mike0616]

Software patents should be abolished. In the mean time, if Dish didn't want to play by the rules, they should have purchased a license or the company that holds the patents.

FWIW, I still prefer Tivos.

Ted

Thanks for the best laugh I have had in years!

While we are at it, lets abolish all patents. No, wait, that is not enough, lets abolish all laws, make it survival of the fittest. Happy now?

See you on the street, if you dare to come out!

[msmith198025]

And for all of your diehard support, what do you get out of it?

Satisfaction?

[jacmyoung]

The reminder is that I am not a lawyer...

I thought only the Amended Final Judgment and Injunction Order was stayed? That document contains three items: damages during the stay, an order against infringements and an order to disable.

There is a separate order which grants TiVo's motion to find DISH/SATS in contempt. It is not stayed, but is being challenged by DISH/SATS.

We have a link to the appeals court order in the sticky thread, in it says:

EchoStar Corporation et al. (EchoStar) move for a stay, pending appeal, of the order of the United States District Court for the Eastern District of Texas (1) holding EchoStar in contempt of its previous injunction, (2) enjoining EchoStar, and (3) requiring that EchoStar take certain steps in light of its contempt holdings.

Then:

Without prejudicing the ultimate disposition of this case by the merits panel, we determine based upon the arguments raised in the motions papers that EchoStar has met its burden of demonstrating the requisites for a stay of the order, pending appeal.

So all three items above are stayed. The first among them is the contempt ruling, the second of them is the injunction, the third of them is the kind of steps E* must take in light of the contempt holdings.

One of such steps is E* must brief the court what should be the proper additional sanctions against them in light of the contempt holdings. All parts of the order are stayed, as shall not be in effect until the appeals court rules in November.

[cybok0]

Satisfaction?